QUESTION: Would a former district judge, who has consented to be
subject to assignment, violate the code of judicial conduct by acting as an arbitrator or
mediator?

ANSWER:Canon 5E of the Code
of Judicial Conduct Act states "A judge should not act as an arbitrator or
mediator." However, a former district judge who has complied with the Court
Administration Act, Art. 74.054(3) is placed by Canon
8G of the code in the same category as a senior judge. Canon 8G(1) states, "[A
former district judge]... is not required to comply with Canon 5E," but Canon 8G(2)
qualifies this exception by stating "[A former district judge]... should refrain from
judicial service during the period of extra-judicial appointment permitted by Canon
5G."

The committee is of the opinion that a former district judge who has qualified under
Art. 74.054(3) may act as an arbitrator or mediator provided the judge refrains from
performing judicial service during the period of an extra-judicial appointment.